In re McUlta

M.D. Pennsylvania

In re McUlta

189 F. 250, 1911 U.S. Dist. LEXIS 189

CourtDistrict Court, M.D. Pennsylvania

DecidedJune 27, 1911

DocketNo. 1,791

StatusPublished

Cited by6 cases

This text of 189 F. 250 (In re McUlta) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re McUlta, 189 F. 250, 1911 U.S. Dist. LEXIS 189 (M.D. Pa. 1911).

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Opinion

WITMER, District Judge.

The report of the learned referee contains a satisfactory discussion of the questions submitted, and I need only say that I agree with his reasoning and conclusions, in support of which I will add the thought, moreover, that if the changed name was assumed by the bankrupt in fraud of any one, it clearly appears that it is independent of his creditors, its taints do not run in the veins of the transaction before the court, and hence do not corrupt the current. It does not follow that a party who is a rogue in his other dealings shall be deprived of his rights in another transaction wherein he has been without fault. It is only where the fraud do inhere in the very transaction itself, by its intended effect preventing the collection of the debt, that the fraudulent debtor can claim no right of exemption under the law. The order of the referee is affirmed.

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WITMER, District Judge.

The report of the learned referee contains a satisfactory discussion of the questions submitted, and I need only say that I agree with his reasoning and conclusions, in support of which I will add the thought, moreover, that if the changed name was assumed by the bankrupt in fraud of any one, it clearly appears that it is independent of his creditors, its taints do not run in the veins of the transaction before the court, and hence do not corrupt the current. It does not follow that a party who is a rogue in his other dealings shall be deprived of his rights in another transaction wherein he has been without fault. It is only where the fraud do inhere in the very transaction itself, by its intended effect preventing the collection of the debt, that the fraudulent debtor can claim no right of exemption under the law. The order of the referee is affirmed.

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Bluebook (online)

189 F. 250, 1911 U.S. Dist. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mculta-pamd-1911.

Opinion

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